Interpretation Guidelines Manual British Columbia Employment Standards Act and Regulations
EMPLOYMENT STANDARDS REGULATION - PART 2 - EMPLOYMENT AGENCIES AND FARM LABOUR CONTRACTORS
ESR Section 8 – If there is a change of directors or officers
This section sets out the requirements for a corporation after any change in its directors or officers.
8. (1) A corporation that is licensed as a farm labour contractor must apply for a new licence within 7 days after any change in its directors or officers.
(2) If the corporation does not apply within the time specified in subsection (1),
(a) its licence is void, and
(b) the corporation must surrender the licence to the director.
Where there is a change of a director or an officer, the licensed farm labour contractor must apply for a new licence within 7 days.
If the farm labour contractor complies with the 7-day period, the old licence will continue in effect during the interim period, however, when the farm labour contractor has not complied with this section, the licence is considered void and must be surrendered to the Director of Employment Standards.
If the director issues a determination refusing to issue a new licence under s.10 of this Regulation the old licence is void on the date of the refusal and the existing licence must be immediately surrendered to the director.
Glickman Ltd. holds a valid farm labour contractor’s license showing Director Marsden as the sole director/officer of the corporation. On July 1, 2002, Director Marsden was replaced by Director Flemming as sole director/officer of Glickman Ltd. Glickman Ltd. must apply for a new license by July 8, 2002 or the existing license will be void and without effect.
In a determination issued on July 15, 2002, the director refuses to issue a new license to Glickman Ltd because Director Flemming has had a previous farm labour contractor’s license cancelled for non-compliance with the Act. Glickman Ltd’s license would be void as of July 15, 2002, the date of the refusal.
Related sections of the Act or Regulation
- s.1, Definition, “farm labour contractor”
- s.1, Definition, “producer”
- s.13, Farm labour contractors must be licensed
- s.30, Producer and farm labour contractor are liable for unpaid wages
- s.79, Determinations and consequences
- s.98, Monetary penalties
- s.125, Offences
- s.1, Definition, “farm worker”
- s.5, Licensing of farm labour contractors
- s.5.1, Calculation of security
- s.6, Duties of farm labour contractors
- s.7, Cancellation or suspension of farm labour contractor ’s licence
- s.9, Rules about licences
- s.10, If a licence is refused, cancelled or suspended
- s.11, Surrender of licence
- s.12, Appeals from the refusal, cancellation and suspension
- s.39 Exclusions from farm labour contractor licensing requirements